Probate

[AmyJo]

Jurisdiction

Florida

I am the executor & beneficiary of my deceased sons structured settlement annuity... he passed away 12 years ago @ the age of 20 no kids never married no outstanding debt, annuity is exempt anyway... state farm sent acknowledgment forms for signature... do I have to file in probate court... its less than $75,000

 

[army judge]

do I have to file in probate court... its less than $75,000

The only way you can be assured of receiving lawful legal advice is for you to engage the services of an attorney licensed to practice law in Florida.

It would be foolish to act upon the counsel of people you've never met and don't know anything about their qualifications.

 

[adjusterjack]

I am the executor & beneficiary of my deceased sons structured settlement annuity... he passed away 12 years ago @ the age of 20 no kids never married no outstanding debt, annuity is exempt anyway... state farm sent acknowledgment forms for signature... do I have to file in probate court... its less than $75,000

Sincere condolences on the death of your son.

If you were NAMED as beneficiary on the annuity account then, no, you should not need to file in probate court if the check is made out in your name. It would be a different story if the check was made out to "the estate of _____."

And, just like a life insurance death benefit you should not have to report it as income..

 

[zddoodah]

I am the executor & beneficiary of my deceased sons structured settlement annuity.

What do you mean that you're "the executor . . . of . . . [an] annuity"?

do I have to file in probate court.

I don't understand what you're asking. Did you receive the annuity as a result of a settlement in connection with the death 12 years ago (e.g., as part of a settlement of a wrongful death action)?

Typically, all you do is send the insurer who issued the annuity whatever documentation it requires, and the insurer will send you the money.